In Re Odum
Supreme Court of North Carolina
ActioN as for contem.pt against S'. R. Odum, beard by Judge B. B. Peebles at February Term, 1903, of tbe Superior Court of Sampson County. From a judgment against tbe defendant be appealed.
1Opinion of the Court
MontgomeR,y, J.
It was said in In re Deaton, 105 N. C. 59, that proceedings as for'contempt should be based on affidavits. In tbe case before us that course was not pursued, but tbe contemnor, Odum, waived any rights be may have bad by being sworn, at bis own request, and making answer in that form to tbe charge that be bad committed a contempt of tbe Court. But there is another irregularity in tbe proceedings which will preclude us from affirming tbe judgment of tbe Court below, although from a perusal of tbe record we are satisfied that tbe contemnor deserved tbe sentence which was imposed.…
2Cases cited1 opinion
- In Re DeatonSupreme Court of North Carolina · 1890
3Cited by15 opinions
- Lowder v. All Star Mills, Inc.Supreme Court of North Carolina · 1981
- Kelly v. United StatesCourt of Appeals for the Ninth Circuit · 1918
- State Ex Rel. Dunn v. PleseWashington Supreme Court · 1925
- Manufacturing Co. v. . ArnoldSupreme Court of North Carolina · 1947
- Ponder v. DavisSupreme Court of North Carolina · 1951
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